Actions

Meetings

Environmental Conservation: May 17, 2011

Calendars

Active List: Jun 6, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011

Votes

Memo

BILL NUMBER:S4979

TITLE OF BILL: An act to amend the environmental conservation law, in relation to the management of black sea bass

PURPOSE: To extend the Department of Environmental Conservation's (DEC) authority to manage black sea bass.

SUMMARY OF PROVISIONS: This bill would extend DEC's authority to fix, by regulation, management measures for black sea bass in State waters until December 31, 2015.

JUSTIFICATION: DEC's regulatory authority over black sea bass is necessary in order to preserve the current regulatory program. Failure to extend the existing regulatory authority by December 31, 2011 will result in the loss of regulatory protection of these species. Moreover, regulatory authority is critical for New York State to maintain compliance with Fishery Management Plans for important marine and anadromous fish species along the coast. Failure to make necessary regulatory changes required by Fishery Management Plans places New York in jeopardy of closure of commercial and recreational fisheries. Finally, ECL 13-0105, which sets forth the State's marine fisheries conservation and management policy, provides that this policy shall be carried out through achievement of certain objectives. One of these objectives is that the state's transboundary and migratory species shall be consistent with any inter-jurisdictional management plans, interstate or state-federal. Regulatory authority provides the mechanism to react timely to the ever changing fishery management plans.

LEGISLATIVE HISTORY: Last extended by Chapter 145 of the laws of 2007.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

4979

2011-2012 Regular Sessions

IN SENATE

May 2, 2011
___________

Introduced by Sens. JOHNSON, GRISANTI -- read twice and ordered printed,
  and  when  printed  to  be committed to the Committee on Environmental
  Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  management of black sea bass

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 13-0340-f of the environmental conservation law, as
amended by chapter 145 of the laws  of  2007,  is  amended  to  read  as
follows:
S 13-0340-f. Black sea bass (Centropristis striata).
  The department may, until December thirty-first, two thousand [eleven]
FIFTEEN, fix by regulation measures for the management of black sea bass
(Centropristis  striata),  including  size  limits, catch and possession
limits, open and closed  seasons,  closed  areas,  restrictions  on  the
manner  of  taking and landing, requirements for permits and eligibility
therefor, recordkeeping requirements, requirements  on  the  amount  and
type of fishing effort and gear and requirements relating to transporta-
tion,  possession  and  sale, provided that such regulations are no less
restrictive than requirements set forth in  this  chapter  and  provided
further  that  such  regulations  are  consistent  with  the  compliance
requirements of applicable  fishery  management  plans  adopted  by  the
Atlantic   States   Marine  Fisheries  Commission  and  with  applicable
provisions of fishery management plans adopted pursuant to  the  Federal
Fishery Conservation and Management Act (16 U.S.C. S 1800 et seq.).
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09004-01-1